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Full Opinion
delivered the opinion of the Court.
We consider whether a law enforcement official can, consistent with the Fourth Amendment, attempt to stop a fleeing motorist from continuing his public-endangering flight by ramming the motoristâs car from behind. Put another way: Can an officer take actions that place a fleeing motorist at risk of serious injury or death in order to stop the motoristâs flight from endangering the lives of innocent bystanders?
I
In March 2001, a Georgia county deputy clocked respondentâs vehicle traveling at 73 miles per hour on a road with a 55-mile-per-hour speed limit. The deputy activated his blue flashing lights indicating that respondent should pull over. Instead, respondent sped away, initiating a chase down what
Following respondentâs shopping center maneuvering, which resulted in slight damage to Scottâs police car, Scott took over as the lead pursuit vehicle. Six minutes and nearly 10 miles after the chase had begun, Scott decided to attempt to terminate the episode by employing a âPrecision Intervention Technique (âPITâ) maneuver, which causes the fleeing vehicle to spin to a stop.â Brief for Petitioner 4. Having radioed his supervisor for permission, Scott was told to ââ[g]o ahead and take him out.ââ Harris v. Coweta Cty., 433 F. 3d 807, 811 (CA11 2005). Instead, Scott applied his push bumper to the rear of respondentâs vehicle.
Respondent filed suit against Deputy Scott and others under Rev. Stat. § 1979, 42 U. S. C. § 1983, alleging, inter alia, a violation of his federal constitutional rights, viz. use
In resolving questions of qualified immunity, courts are required to resolve a âthreshold question: Taken in the light most favorable to the party asserting the injury, do the facts alleged show the officerâs conduct violated a constitutional right? This must be the initial inquiry.â Saucier v. Katz, 533 U. S. 194, 201 (2001). If, and only if, the court finds a violation of a constitutional right, âthe next, sequential step is to ask whether the right was clearly established ... in light of the specific context of the case.â Ibid. Although this ordering contradicts â[o]ur policy of avoiding unnecessary adjudication of constitutional issues,â United States v. Treasury Employees, 513 U. S. 454, 478 (1995) (citing Ash-wander v. TVA, 297 U. S. 288, 346-347 (1936) (Brandeis, J., concurring)), we have said that such a departure from practice is ânecessary to set forth principles which will become the basis for a [future] holding that a right is clearly established,â Saucier, supra, at 201.
Ill
A
The first step in assessing the constitutionality of Scottâs actions is to determine the relevant facts. As this case was decided on summary judgment, there have not yet been factual findings by a judge or jury, and respondentâs version of events (unsurprisingly) differs substantially from Scottâs version. When things are in such a posture, courts are required to view the facts and draw reasonable inferences âin the light most favorable to the party opposing the [summary judgment] motion.â United States v. Diebold, Inc., 369 U. S. 654, 655 (1962) (per curiam); Saucier, supra, at 201. In qualified immunity cases, this usually means adopting (as the Court of Appeals did here) the plaintiffâs version of the facts.
There is, however, an added wrinkle in this case: existence in the record of a videotape capturing the events in question. There are no allegations or indications that this videotape was doctored or altered in any way, nor any contention that what it depicts differs from what actually happened. The videotape quite clearly contradicts the version of the story told by respondent and adopted by the Court of Appeals.
â[T]aking the facts from the non-movantâs viewpoint, [respondent] remained in control of his vehicle, slowed for turns and intersections, and typically used his indicators for turns. He did not run any motorists off the road. Nor was he a threat to pedestrians in the shopping center parking lot, which was free from pedestrian and vehicular traffic as the center was closed. Significantly, by the time the parties were back on the highway and Scott rammed [respondent], the motorway had been cleared of motorists and pedestrians allegedly because of police blockades of the nearby intersections.â Id., at 815-816 (citations omitted).
The videotape tells quite a different story. There we see respondentâs vehicle racing down narrow, two-lane roads in the dead of night at speeds that are shockingly fast. We see it swerve around more than a dozen other cars, cross the double-yellow line, and force cars traveling in both directions to their respective shoulders to avoid being hit.
At the summary judgment stage, facts must be viewed in the light most favorable to the nonmoving party only if there is a âgenuineâ dispute as to those facts. Fed. Rule Civ. Proc. 56(c). As we have emphasized, â[w]hen the moving party has carried its burden under Rule 56(c), its opponent must do more than simply show that there is some metaphysical doubt as to the material facts. . . . Where the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party, there is no âgenuine issue for trial.â â Matsushita Elec. Industrial Co. v. Zenith Radio Corp., 475 U. S. 574, 586-587 (1986) (footnote omitted). â[T]he mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment; the requirement is that there be no genuine issue of material fact.â Anderson v. Liberty Lobby, Inc., ATI U. S. 242, 247-248 (1986). When opposing parties tell two different stories, one of which is blatantly contradicted by the record, so that no reasonable jury could believe it, a court should not adopt that version of the facts for purposes of ruling on a motion for summary judgment.
That was the case here with regard to the factual issue whether respondent was driving in such fashion as to endanger human life. Respondentâs version of events is so utterly discredited by the record that no reasonable jury could have believed him. The Court of Appeals should not have relied
B
Judging the matter on that basis, we think it is quite clear that Deputy Scott did not violate the Fourth Amendment. Scott does not contest that his decision to terminate the car chase by ramming his bumper into respondentâs vehicle constituted a âseizure.â â[A] Fourth Amendment seizure [occurs] . . . when there is a governmental termination of freedom of movement through means intentionally applied.â Brower v. County of Inyo, 489 U. S. 593, 596-597 (1989) (emphasis deleted). See also id., at 597 (âIf . . . the police cruiser had pulled alongside the fleeing car and sideswiped it, producing the crash, then the termination of the suspectâs freedom of movement would have been a seizureâ). It is also conceded, by both sides, that a claim of âexcessive force in the course of making [a]... âseizureâ of [the] person ... [is] properly analyzed under the Fourth Amendmentâs âobjective reasonablenessâ standard.â Graham v. Connor, 490 U. S. 386, 388 (1989). The question we need to answer is whether Scottâs actions were objectively reasonable.
1
Respondent urges us to analyze this case as we analyzed Garner, 471 U. S. 1. See Brief for Respondent 16-29. We must first decide, he says, whether the actions Scott took
Respondentâs argument falters at its first step; Garner did not establish a magical on/off switch that triggers rigid preconditions whenever an officer's actions constitute âdeadly force.â Gamer was simply an application of the Fourth Amendmentâs âreasonablenessâ test, Graham, supra, at 388, to the use of a particular type of force in a particular situation. Garner held that it was unreasonable to kill a âyoung, slight, and unarmedâ burglary suspect, 471 U. S., at 21, by shooting him âin the back of the headâ while he was running away on foot, id., at 4, and when the officer âcould not reason
2
In determining the reasonableness of the manner in which a seizure is effected, â[w]e must balance the nature and quality of the intrusion on the individualâs Fourth Amendment interests against the importance of the governmental interests alleged to justify the intrusion.â United States v. Place, 462 U. S. 696,703 (1983). Scott defends his actions by pointing to the paramount governmental interest in ensuring public safety, and respondent nowhere suggests this was not the purpose motivating Scottâs behavior. Thus, in judging whether Scottâs actions were reasonable, we must consider the risk of bodily harm that Scottâs actions posed to respondent in light of the threat to the public that Scott was trying to eliminate. Although there is no obvious way to quantify
Second, we are loath to lay down a rule requiring the police to allow fleeing suspects to get away whenever they drive so recklessly that they put other peopleâs lives in danger. It is obvious the perverse incentives such a rule would create: Every fleeing motorist would know that escape is within his grasp, if only he accelerates to 90 miles per hour, crosses the double-yellow line a few times, and runs a few red lights. The Constitution assuredly does not impose this
* * *
The car chase that respondent initiated in this case posed a substantial and immediate risk of serious physical injury to others; no reasonable jury could conclude otherwise. Scott's attempt to terminate the chase by forcing respondent off the road was reasonable, and Scott is entitled to summary judgment. The Court of Appealsâ judgment to the contrary is reversed.
It is so ordered.
Scott says he decided not to employ the PIT maneuver because he was âconcerned that the vehicles were moving too quickly to safely execute the maneuver.â Brief for Petitioner 4. Respondent agrees that the PIT maneuver could not have been safely employed. See Brief for Respondent 9. It is irrelevant to our analysis whether Scott had permission to take the precise actions he took.
Qualified immunity is âan immunity from suit rather than a mere defense to liability; and like an absolute immunity, it is effectively lost if a case is erroneously permitted to go to trial.â Mitchell v. Forsyth, 472 U. S. 511, 526 (1985). Thus, we have held that an order denying qualified immunity is immediately appealable even though it is interlocutory; otherwise, it would be âeffectively unreviewable.â Id., at 527. Further, âwe repeatedly have stressed the importance of resolving immunity questions at the earliest possible stage in litigation.â Hunter v. Bryant, 502 U. S. 224, 227 (1991) (per curiam).
None of the other claims respondent brought against Scott or any other party are before this Court.
Prior to this Courtâs announcement of Saucierâs ârigid âorder of battle,â â Brosseau v. Haugen, 543 U. S. 194, 201-202 (2004) (Breyer, J., concurring), we had described this order of inquiry as the âbetter approach,â County of Sacramento v. Lewis, 523 U. S. 833, 841, n. 5 (1998), though not one that was required in all cases. See id., at 858-859 (Breyer, J., concurring); id., at 859 (Stevens, J., concurring in judgment). There has been doubt expressed regarding the wisdom of Saueierâs decision to make the threshold inquiry mandatory, especially in cases where the constitutional question is relatively difficult and the qualified immunity question relatively straightforward. See, e. g., Brosseau, supra, at 201 (Breyer, J., joined by Scalia and Ginsburg, JJ., concurring); Bunting v. Mellen, 541 U. S. 1019 (2004) (Stevens, J., joined by Ginsburg and Breyer, JJ., respecting denial of certiorari); id., at 1025 (Scalia, J., joined by Rehnquist, C. J., dissenting). See also Lyons v. Xenia, 417 F. 3d 565, 580-584 (CA6 2005) (Sutton, J., concurring). We need not address the wisdom of Saucier in this case, however, because the constitutional question with which we are presented is, as discussed in Part III-B, infra, easily decided. Deciding that question first is thus the âbetter approach,â Lewis, supra, at 841, n. 5, regardless of whether it is required.
Justice Stevens suggests that our reaction to the videotape is somehow idiosyncratic, and seems to believe we are misrepresenting its contents. See post, at 392 (dissenting opinion) (âIn sum, the factual statements by the Court of Appeals quoted by the Court . . . were entirely accurateâ). We are happy to allow the videotape to speak for itself See Record 36, Exh. A, available at http://www.supremecourtus.gov/opinions/ video/scott_v_harris.html and in Clerk of Courtâs case file.
Justice Stevens hypothesizes that these cars âhad already pulled to the side of the road or were driving along the shoulder because they heard the police sirens or saw the flashing lights,â so that â[a] jury could certainly conclude that those motorists were exposed to no greater risk than persons who take the same action in response to a speeding ambulance.â Post, at 391. It is not our experience that ambulances and fire engines careen down two-lane roads at 85-plus miles per hour, with an unmarked scout car out in front of them. The risk they pose to the public is vastly less than what respondent created here. But even if that were not so, it would in no way lead to the conclusion that it was unreasonable to eliminate the threat to life that respondent posed. Society accepts the risk of speeding ambulances and fire engines in order to save life and property; it need not (and assuredly does not) accept a similar risk posed by a reckless motorist fleeing the police.
This is not to say that each and every factual statement made by the Court of Appeals is inaccurate. For example, the videotape validates the courtâs statement that when Scott rammed respondentâs vehicle it was not threatening any other vehicles or pedestrians. (Undoubtedly Scott waited for the road to be clear before executing his maneuver.)
Justice Stevens incorrectly declares this to be âa question of fact best reserved for a jury,â and complains we are âusurping] the juryâs factfinding function.â Post, at 395. At the summary judgment stage, however, once we have determined the relevant set of facts and drawn all inferences in favor of the nonmoving party to the extent supportable by the record, see Part III-A, supra, the reasonableness of Scottâs actionsâ or, in Justice Stevensâ parlance, â[wjhether [respondentâs] actions have risen to a level warranting deadly force,â post, at 395 â is a pure question of law.
Respondent, like the Court of Appeals, defines this second precondition as âânecessary to prevent escape,ââ Brief for Respondent 17; 433 F. 3d 807, 813 (CA11 2005) (quoting Garner, 471 U. S., at 11). But that quote from Garner is taken out of context. The necessity described in Gamer was, in fact, the need to prevent âserious physical harm, either to the officer or to others.â Ibid. By way of example only, Gamer hypothesized that deadly force may be used âif necessary to prevent escapeâ when the suspect is known to have âcommitted a crime involving the infliction or threatened infliction of serious physical harm,â ibid., so that his mere being at large poses an inherent danger to society. Respondent did not pose that type of inherent threat to society, since (prior to the car chase) he had committed only a minor traffic offense and, as far as the police were aware, had no prior criminal record. But in this case, unlike in Garner, it was respondentâs flight itself (by means of a speeding automobile) that posed the threat of âserious physical harm ... to others.â Ibid.
The Court of Appeals cites Brower v. County of Inyo, 489 U. S. 593, 595 (1989), for its refusal to âcountenance the argument that by continuing to flee, a suspect absolves a pursuing police officer of any possible liability for all ensuing actions during the chase,â 433 F. 3d, at 816. The only question in Brower was whether a police roadblock constituted a seizure under the Fourth Amendment. In deciding that question, the relative culpability of the parties is, of course, irrelevant; a seizure occurs whenever the police are â âresponsible] for the termination of [a personâs] movement,ââ 433 F. 3d, at 816 (quoting Brower, supra, at 595), regardless of the reason for the termination. Culpability is relevant, however, to the reasonableness of the seizure â to whether preventing possible harm to
Contrary to Justice Stevensâ assertions, we do not âassum[e] that dangers caused by flight from a police pursuit will continue after the pursuit ends,â post, at 394, nor do we make any âfactual assumptions,â post, at 393, with respect to what would have happened if the police had gone home. We simply point out the uncertainties regarding what would have happened, in response to respondentâs factual assumption that the high-speed flight would have ended.